Ordered that the order is affirmed, without costs or disbursements.
The statute of frauds provides, inter alia, that "[a]n ... interest in real property ... cannot be created, granted, assigned, surrendered or declared, unless ... by a deed or conveyance in writing, subscribed by the person creating, granting, assigning, surrendering or declaring the same" (General Obligations Law § 5-703 [1]). Here, because the complaint alleged, inter alia, that the defendant...
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